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HUDSON v. MANDABACH

Gen. No. 47,544.

22 Ill. App.2d 296 (1959)

160 N.E.2d 715

George Ray Hudson, Appellee, v. Paul J. Mandabach, Jr., Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied June 12, 1959.

Released for publication September 15, 1959.

Attorney(s) appearing for the Case

Yowell & Yowell, of Chicago, for defendant-appellant.

Howard D. Moses, of Chicago, for plaintiff-appellee.

JUSTICE DEMPSEY delivered the opinion of the court.

The complaint in this case was for a declaratory judgment to construe a dissolution contract between former partners in an advertising agency. Judgment was for the plaintiff.

[1] In his answer the defendant raised an affirmative defense which charged that the plaintiff had a suit pending in the Municipal Court of Chicago to recover on the same agreement. The plaintiff did not reply to this allegation...

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